§ 571.1 - Interpretation of Shipping Act of 1984—Refusal to negotiate with shippers’ associations.

(a) Section 8(c) of the Shipping Act of 1984 (1984 Act) authorizes ocean common carriers and conferences to enter into a service contract with a shippers’ association, subject to the requirements of the 1984 Act. Section 10(b)(13) of the 1984 Act prohibits carriers from refusing to negotiate with a shippers’ association. Section 7(a)(2) of the 1984 Act exempts from the antitrust laws any activity within the scope of that Act, undertaken with a reasonable basis to conclude that it is pursuant to a filed and effective agreement.

(b) The Federal Maritime Commission interprets these provisions to establish that a common carrier or conference may not require a shippers’ association to obtain or apply for a Business Review Letter from the Department of Justice prior to or as part of a service contract negotiation process.